Building & Plumbing Regulation News Update No. 03/2012

Transcription

1 Building & Plumbing Regulation News Update No. 03/2012 Published 20 November 2012 AMENDMENTS OF THE BUILDING ACT 2000 AND BUILDING AND PLUMBING REGULATIONS Building and plumbing practitioners and stakeholders are advised of important amendments to commence on 28 November 2012 to these regulatory documents: 1. Building Act Building Regulations Plumbing Regulations Certificates of Specialists or Other Persons 5. Director s Specified List 6. Approved Forms 7. Determination on Temporary Occupancy Permits. This News Update provides advice on their commencement and details of the changes to the regulations and associated regulatory documents. Commencement of the Building Amendment Act 2012 Amendments to the Building Act 2004 will be made by the Building Amendment Act Those amendments will commence on 28 November 2012 when the proclamation of the Act is published in the Government Gazette. The amendment Act passed through Parliament in June 2012 and received Royal Assent on 3 July. The delay in implementation was due to the need to draft amendment to regulations and implement administrative procedures. These new amendments will be incorporated into the Building Act 2000 as a consolidated document. A Building Regulation News Update (number 2 of 2012) published on 26 July contained details of the major changes made by the amendment Act. During August and September the Building Control Branch conducted a series of state-wide training sessions on the amendments. Legislation can be accessed from the Tasmanian Government Law website: Making of the Building Amendment Regulations 2012 Amendments to the Building Regulations 2004 will be made by the Building Amendment Regulations Those amendments will also commence on 28 November Many changes of the regulations are consequential to the commencement of the Building Amendment Act 2012 on the same day. 1

2 These new amendments will be incorporated into the Building Regulations 2004 as a consolidated document. Legislation can be accessed from the Tasmanian Government Law website: Main features of the Building Regulation amendments Bushfire-Prone Areas new construction standards apply A new definition of bushfire-prone areas in regulation (3) aligns with the recent Planning Directive of the Tasmanian Planning Commission. The effect is that an area defined as bushfire-prone in these regulations is also a designated bushfire-prone area for the definition in the Building Code of Australia (BCA). If land is declared to be in bushfire-prone area, the special construction requirements in the BCA will apply to the design to mitigate bushfire hazards. Additional types of work now exempt from a building permit. Changes to regulation 4 to the types of buildings or building work that are exempt from obtaining a building permit: New definitions of the two types of exempt outbuildings inserted. Non habitable outbuildings (such as a shed) allowed to be erected on an allotment have been extended to allow: o 1 exempt outbuilding of 18m 2 on an allotment; or as an alternative - o 2 exempt outbuildings each of 10m 2 on an allotment - and certain other defined criteria are also met (e.g. maximum heights, siting setbacks, no excavation or fill over 500mm). Non-roofed deck, made of timber not more than 1m above ground level is exempted. Permanent walkway less than 1m above ground (including a public walkway) is exempted. The supporting structure for a wind turbine is exempt if it is less than 6m above the ground or the building to which it is attached. A tank or silo and its supporting structure are exempt if the capacity is less than 45,000 litres. Certain electricity transmission or telecommunication infrastructure (towers, poles, etc.) are exempt, but on the condition they are to be erected by a public authority e.g. Aurora or Transend. Solar arrays are exempt if less than 18m 2 in area (either roof or ground mounted). Includes photo-voltaic panels and solar collectors for a heated water service. All crop protection structures are exempted if covered by open weave material. For example, includes shade cloth over an orchard, but not a greenhouse. Also in relation to exempt building work, clarifications that: An exemption from a building permit only applies if it is particular work is not associated with other building work that needs a permit on an allotment. For example this means that for construction of a new dwelling that includes retaining walls and a swimming pool, all those structures associated with the dwelling should be 2

3 included as new work on the building permit and receive an overview by the responsible building surveyor of their compliance with the BCA. All building work in Tasmania, even if it is exempt from a building permit, must be constructed to BCA standards. Minor Alterations or Minor Repairs of existing buildings New regulation 4B is to provide clarity of interpretation of work is that not minor alterations or minor repairs of buildings. This is consistent with the amendment of s.60(2) of the Building Act That limits the value of work to less than $5,000. Prescribed building work The Act allows work to be prescribed as building work to which the Building Act and regulations apply (distinct from other work, such as civil construction, that may not involve any building work). Additional types of work that is now prescribed as building work include: Work on a building situated on a jetty, wharf or a marina. Bridges or viaducts, passenger boarding bridges or a pedestrian overpass or underpass, unless they are constructed on public land by a public or other authority. Privately owned structures such as a bridge or elevated walkway should be subject to a building permit as there is no other regulatory overview of their minimum safe construction standards. Updating of terminology Assistant Building Surveyor is now a Building Surveyor Limited. For a certificate given regarding activities in a B landslip zones a practising professional engineer or a practising professional engineering geologist is replaced with Geo-technical engineer accredited as an Engineer Civil under the Accreditation Scheme. A Specialist or Other Person may give an Approved Form 55. Land subject to flooding Restrictions apply to building design where the council has adopted a floodplain map for a particular area, as the habitable floor level of the building must be constructed to be above the highest known flood level. The new provision reflects that there is now better mapping of flood prone areas, and it is consistent with the current restrictions. Permit documents kept on site Builders must keep permit records so that they are available on site while work is carried out. This is a a clarification of an existing duty. Change of parties during building work. The parties referenced now include the building surveyor they must notify the Permit Authority if they resign, refer a matter or are no longer engaged. Alterations or extensions while a building is occupied Work while altering or extending an occupied building must not to diminish any required features of the building essential for health, safety, access etc. that are prescribed under s.120 of the Act relating to the maintenance of certain features or measures of buildings. New requirements for notification and receiving authorisation before starting building work Person responsible for the building work is to give start work notification to the building surveyor it can be either written or verbal. 3

4 Work must not start until the building surveyor gives their authorisation to start (and give a unique start-work number for that job). Authorisation can be written or verbal. If verbal authorisation given it must be followed up in writing, and copy of the notification and authorisation to be provided to the Permit Authority. Approved Form 39 has been revised to allow notification and authorisation on one document. Although an additional step has been added (receiving the authorisation of the building surveyor before starting work) this is to accurately identify the builder and to protect their interests from the possible misuse of their accreditation number. Directions to cut open or test work A new penalty for non-compliance with the direction from a building surveyor to uncover, cut open or test work. Temporary Occupancy Permit existing exemptions consolidated In 2006 the Director of Building Control published a Determination on Exemptions from a Temporary Occupancy Permit for certain temporary booths and tents. This was in addition to the exemptions in regulation 38 of the Building Regulations. As it was confusing to have exemptions in two regulatory documents, the exemptions in that Determination have been included in regulation 38. No new exemptions have been created. Display of an Occupancy Permit All the pages of an occupancy permit are now required to be displayed. Maintenance of Prescribed Features and measures Prescribed features and measures The phrase Prescribed features and measures inclusively covers: Essential safety and health features; and Essential safety and health measures; and Other prescribed features. Private bushfire shelters - maintenance Class 10c private bushfire shelters are now referenced as a type of building to which Part 7 of the Regulation could apply. However, initially there are no maintenance requirements as Class 10 buildings are not required to have an occupancy permit and the Director has not yet determined a maintenance regime. Implementation will be dependent on future development of appropriate standards of safety features. Other prescribed features or measures A definition of Other prescribed features or measures of a building has been added to cover features or measures for: 1. Disability access 2. Energy efficiency 3. Water efficiency 4. Occupant safety in a bushfire-prone area. 4

5 Maintenance of disability access provisions accords with the intent of the Commonwealth s Disability Discrimination Act Maintenance of specific safety features incorporated during the construction of a building in a bushfire-prone area is essential for the safety of occupants during an emergency. Revised wording of regulations The requirements of Part 7 of the Regulations for the maintenance of certain features and measures have not been changed, but the provisions have been reworded and more clearly structured. Regulation 45 is revised to refer to the obligations of the owner or the occupier with contractual responsibilities for maintenance, and to provide penalties for not maintaining features or measures. Regulation 46 is revised to refer to the standards of maintenance for any prescribed features or measures, for any new work (e.g. since 2004) and for older buildings (constructed pre-2004 when the Building Regulations and the Act commenced). It also provides for the standards of maintaining any Other prescribed features and measures. Revised owner builder registration system New administrative processes for the new owner builder registration system are found in the Building Act 2000 and the Building Regulations There is a new Application Form (Approved Form 40) with sections to be completed by the applicant and by their building surveyor. It replaces the current forms 40 and 34. New regulation 47A provides the process for receiving applications via the applicant s building surveyor and for the Director to provide a registration certificate on Approved Form 70 to the applicant with a copy to the building surveyor. To be registered as an owner builder, one of the applicants will have to complete an Owner Builder Training Course as well as Construction Induction training (by obtaining a White Card ) from approved training providers. As a training provider has not yet been appointed by the Director, as an interim measure after 28 November, new applicants will be required to read the Owner Builder Kit for their training course. Building surveyors should check with WST for updates, and advice will be provided when this interim measure is to be discontinued. Currently there is no required insurance for an owner builder, but this amendment to regulation 47B would allow the Minister in future to prescribe certain types of insurance for owner builders. Infringement Notice penalties In Schedule 4 the offences referenced for the infringement notices penalties has been updated to reflect changes to the Act and regulations. Appeal Tribunal fees Updated list reflects the changes to the Act. Appeal fees are still payable to the Director of Building Control. 5

6 Transitional & Savings Building permits issued before the Building Amendment Act 2012 commenced are not subject to the amendment of section 112 providing for the eventual expiry of those permits. A right of appeal by a complainant relating to an accreditation decision of the Director, that existed before the Building Amendment Act 2012 commenced, but has now been removed, has been preserved for complaints in the system. Making of the Plumbing Amendment Regulations 2012 Amendments to the Plumbing Regulations 2004 will be made by the Plumbing Amendment Regulations Those amendments will also commence on 28 November Many changes are consequential on the commencement of the Building Amendment Act 2012 on the same day. These new amendments will be incorporated into the Plumbing Regulations 2004 as a consolidated document. Legislation can be accessed from the Tasmanian Government Law website: Main features of the Plumbing Regulation amendments Terminology New definition inserted for the Plumbing Code of Australia. Revised definition of Water supply system to clarify scope of the existing definition. Approved Form 59 is now a Certificate of Specialist or Other Person. Work that is exempt from a plumbing permit New exemptions are: Roof plumbing flashings associated with the installation of heater flues, roof lights and skylights or roof ventilators. Replacement of a heated water service with a type that is energy efficient. Change of responsible plumber A change of plumber is now a mandatory notification stage of work, requiring notification to the permit authority. Installation of On-site System A clarification of wording of an existing provision that was potentially ambiguous. The consent of the Environmental Health Officer and compliance with the Plumbing Code are both requirements under regulation 12(1) of the Regulations. Plumbing Start-Work Application and Authorisation Amendments of regulations 38 and 39 (Authorisation to start plumbing work): A revision of the current start-work and authorisation process. An application will have to be made by a person to start work, as just providing an application to start work accompanying an application for a Plumbing Permit, is now insufficient. 6

7 The application for start work authorisation may be made by a person verbally or in writing. The Permit Authority (PA) is to consider the application. Matters to consider are that the work will be by performed by a licensed plumber and a plumbing permit has been issued for the work. The PA is then to issue a start work authorisation (can be either verbally or in writing) and give a unique authorisation number to the applicant for that job. If the authorisation was given verbally, it is to be confirmed in writing to the applicant within seven days. Persons who may lodge the application to start work include the licensed plumber practitioner or the associated licensed plumbing contractor. A new Approved Form No. 60 can be used for both the application and authorisation if the application is made in writing. Auditing inspections of plumbing work A new provision has been inserted that relates to the inspections (audits) of plumbing work under s.113a of the Building Act Work to be audited is where the Permit Authority (PA) Plumbing would have otherwise accepted a Certificate of Plumbing Compliance (Form 33) from the plumber practitioner for the work. The PA is to decide, using risk management considerations, as to type of work, or the particular practitioners, who may be audited. Inspectors engaged or employed by PA are to be competent to perform these audit and inspection functions. The new regime of mandatory audits (as a minimum, 20% per year) is to commence in January Receiving a Certificate of a Specialist or Other Person (Form 59) from another practitioner for that work is not sufficient to constitute an inspection for the purposes of this auditing requirement. Inspection Directions A plumber must comply with a direction to cut into, open up or demolish, penalty inserted. The amendment now provides a penalty for non-compliance with a direction. Maintenance of on-site systems - charges If the owner fails to pay the council for certain work required to be performed, a charge may be placed on the land as if it were for unpaid rates. Allows for the council to recover its unpaid costs for carrying out repairs or maintenance an on-site system that was necessary to prevent an environmental harm or a nuisance. Appeal Fees Fees for an appeal to the Resource Management Planning Appeal Tribunal are set out in Schedule 4 and are still payable to the Director of Building Control. Infringement notice offences The list of offences in Schedule 3 for which an infringement notice may be issued has been updated. 7

8 Amendment of the Director s Determination on Certificates of Specialists or Other Persons What is it? Some specialists or third party experts can give a Certificate to a permit authority, general manager or a building surveyor, and the person receiving it can rely on it. Formerly called Certificates of Others they have been renamed as Certificates of Specialists or Other Persons to accurately reflect the intent that these Certificates are an assessment of the designer s work provided by third party experts, or else are for the input and advice of a specialist practitioner. Giving these forms is not selfcertification. Responsible designer(s) are not expected to give a Certificate for their own work as a practitioner. The persons qualified to give these Certificate are prescribed by the Director of Building Control in the Determination document. Certificates are given on Form 55 (for building work) or Form 59 (for plumbing work). What are the changes? The current version of the Determination, version 3 dated 2 May 2011, has been revised by version 4. Persons who can give Certificates in relation to building work now include these areas of design or specialist advice work: Analysis of bushfire hazards Fire suppression systems design, commissioning and certification Design and construction of roads for access to buildings in bushfire-prone areas An expired transition clause for NatHERS energy assessors has been deleted. There are no amendments relating to providing Certificates for plumbing work. Date of the change to the Determination: Effective 28 November Amendment of the Director s Specified List What is it? The Building Act and its regulations provide for the Director to prescribe certain matters including time periods and documents to be provided with applications. The Determination dated 2 May 2011 has been superseded as a consequence of legislative changes that apply from 28 November. What are the main changes? Updating of the time periods, or required documents, in relation to those sections of the Act or Building Regulations that have been amended. A new Schedule 1 has been inserted of the designer s documents that are to accompany an application for a Certificate of Likely Compliance. A new Schedule 6 for maintenance of Other Prescribed Features and Measures inserted. The Schedule of the Function Control authorities has been updated. It now contains references to applicable BCA clauses inserted and has been renumbered as Schedule number 7 of that Determination. 8

9 Date of the changes to the Specified List: Effective 28 November New and revised Approved Forms What are they? Forms that have been approved by the Director of Building Control are used for various processes and applications under the Building Act and its regulations. What are the changes? Consequential on the Building Amendment Act 2012 and the amendments of the Building and Plumbing Regulations there are some new Approved Forms, and some existing forms have been amended. All the other Forms that are currently approved will continue to be suitable for use. New Approved Forms The following new Forms have been approved by the Director: 11A Minor repairs or alterations notification to permit authority 35A Certificate of the responsible designer (Building Work) 35B Certificate of the responsible designer (Plumbing Work) 40 Application for Owner Builder Registration (submitted by building surveyor on behalf of applicant) 60 Start-work application and authorisation (Plumbing Work) 70 Certificate of Owner Builder Registration (Director s use only). In what situations are these new forms used? 11A is for notification by a building surveyor to the permit authority that under s.60(2) of the Act, proposed building work is either a minor repair or a minor alteration. 35A is a certificate of each responsible designer of building work that can be given to the building surveyor to detail the design work performed and documents used to create that design. It is now mandatory to provide this form(s) with an application for a Certificate of Likely Compliance. 35B is a certificate of each responsible designer of plumbing or hydraulic work that can be given to the permit authority plumbing to detail the design work performed and documents used to create that design. It is now mandatory to provide this form(s) for an application for a plumbing permit or a special plumbing permit. 40 is an application for owner builder registration submitted by the building surveyor on behalf of an applicant to the Director. It replaces the existing Form 40 request to the Director as a reporting authority. 60 is the combined start-work application and authorisation for plumbing work provided to the permit authority if a written notification is made. If a verbal notification is made, the form is used to record that notification and to confirm the authorisation in writing to the plumber. Form 70 is a Certificate of Owner Builder Registration issued by the Director to owner builders with a copy provided to their building surveyor. 9

10 Revised Approved Forms Most of the amendments of the existing Approved Forms are minor. Amendments to the following Forms have been approved by the Director: 6 (Protection work notification) can now be used as a combined notification to the adjoining owner and for their consent agreement. Forms 22 & 29 have been amalgamated (Plumbing Notice given by the general manager or the Permit Authority). 39 Start-work application and authorisation for building work is a combined start work notification and authorisation for the builder (or owner builder) to use if a written notification made. If a verbal notification is made, the form is used to record details of that notification and to confirm the authorisation in writing to the builder. 53 & 54 Notification and Certification of the installation of solid fuel heater. 55 & 59 Certificates of a Specialist and Other Person for building or plumbing work. 56 Annual Maintenance Statement. Publication of the Approved Forms This week Workplace Standards Tasmania (WST) has completely revised its website to make it accessible to the visually impaired. From January 2013 it will not publish all the Approved Forms because ordinary PDF files are not easily accessible. Instead forms will be provided (as Word documents) directly by to Permit Authorities and building surveyors. The WST website will only publish: 1. an updated list of all the current Approved Forms; and 2. specific forms that are intended for use by practitioners or owners, will be provided in an accessible PDF format (e.g. for the visually impaired): 6 (Notice to Adjoining Owner Proposed Building Work and Protection Work) 35A & 35B (Certificate of the responsible designer) 39 (Start work application and authorisation building work) 53 & 54 (Notification of installation - solid fuel heater) 55 & 59 (Certificate of Specialist or Other Person) 56 (Annual Maintenance Statement) 60 (Start-work application and authorisation plumbing work). Date of approval for new or revised forms: Effective 28 November Revocation of the Director s Determination on exemptions from Temporary Occupancy Permit What is it? On 20 December 2006 the Director of Building Control made a Determination that certain temporary structures (groups of small booths or tents) erected for short periods were exempt from a Temporary Occupancy Permit under s.105 of the Building Act This exemption was in addition to other exemptions from a Temporary Occupancy Permit provided in regulation 38 of the Building Regulations

11 What are the changes? The same types of exemptions in that Determination are now included in the amended regulation 38. As it has been superseded, this Director s Determination is revoked. Date of the revocation: Effective 28 November Building Standards and Occupational Licensing (Formerly part of Workplace Standards) 30 Gordons Hill Road, Rosny Park Helpline: (Inside Tasmania) (03) (Outside Tasmania) wstinfo@justice.tas.gov.au Web: 11